Infringement Internal Review

You can apply under this ground if you believe that the decision to serve the infringement notice was unlawful.

For example, this may arise where:

• The infringement notice is not valid (for instance, it is incomplete, or it does not otherwise comply with the formal legal requirements for an infringement notice), or
• the officer who issued the fine acted unlawfully, improperly, or outside their authority

Supporting Evidence

Applications on the ground of contrary to law should (where appropriate) be accompanied by supporting evidence. This may include photographs of parking signage, witness statements, or other evidence that goes to establishing the facts.

The mistake of identity ground is intended to apply when a person claims that they were not the person who committed the infringement offence.

Examples could include where the person claims:

• they are not the person named on the infringement notice
• they were not in the location at the time of the offence and therefore could not have committed the offence
• they have had their identity stolen.

This ground is not available in circumstances where the owner of a vehicle has been served with a parking infringement notice and they allege that they are not liable for the offence.

Supporting Evidence

Applications for internal review on the ground of mistaken identity should (where appropriate) be accompanied by supporting evidence. Examples of supporting evidence for mistake of identity include the applicant’s birth certificate, driver’s licence or passport which shows:

• a different person than the one who received the infringement notice in the applicant’s name, or
• evidence that the applicant could not have committed the conduct because they could not have been in the relevant location.

These circumstances are very specific. You should only select this ground in relation to the offence you committed if you can show that:

• At the time of the offence you:
  • Had a mental or intellectual disability, disorder, disease or illness
  • Had a serious addiction to drugs, alcohol or a volatile substance
  • Were homeless
  • Were a victim of family violence, or
  • You cannot deal with your fines because of severe disabling long-term circumstances, even if those circumstances did not exist at the time of the offence.

Supporting Evidence

You will need to provide evidence that demonstrates special circumstances exist. That is, the evidence needs to show:

• The existence of the relevant condition or circumstance, and
• The connection between the condition or circumstance and the act of committing the offence, or the condition or circumstance and your inability to deal with the fine

If you have a mental illness, intellectual disability, or a serious substance addiction, you need to provide evidence of how this reduced your capacity to:

• Understand your behaviour was against the law, or
• Influence or cause your behaviour (even if you knew it was against the law).

If you are homeless or a victim of family violence, you need to provide evidence of how this reduced your capacity to control your behaviour (even if you knew it was against the law).

If you are not able to deal with your fine due to a disabling long-term condition or circumstances, you need to provide evidence that your condition or circumstances:

• Are long term and particularly disabling or incapacitating, and
• Does not solely or predominantly relate to financial hardship, and
• Make it impracticable or unfeasible for you to deal with your fine, for example:
  • You are unable to participate in the relevant activities of a Work and Development Permit
  • You do not have capacity to instruct a lawyer, financial counsellor, or advocate to act on your behalf
  • You cannot keep track of or manage your fines because of the long-term, severe condition or circumstance.

While financial circumstances can be considered, the long-term condition or circumstance must be the main reason you are unable to use any other option to deal with the fine, including organising payment. Financial hardship can be considered under the exceptional circumstances ground for review.

Examples of disabling long-term conditions or circumstances include:

• Long-term involuntary mental health care
• Severe physical or intellectual disability.

Who can prepare your supporting evidence?

You must provide evidence from a practitioner or agency who is familiar with your circumstances. Depending on your circumstances, this may be your:

• Doctor or medical specialist
• Psychiatrist or psychologist
• Social worker or case worker
• Accredited drug treatment agency or drug counsellor
• Financial counsellor
• Recognised health, support or welfare agency (for example, the Salvation Army)

Evidence may include, reports, letters, statements, submissions, statutory declarations, police reports and family violence safety notices.

What is required in the supporting evidence?

Your practitioner or agency report should include:

• Your practitioner/case worker’s qualification and relationship with you, including the period of engagement.
• Your practitioner/case worker’s relationship with you and how long they have known you
• An explanation of your circumstances, including its nature, severity, duration, and impact on your life
• The link between your circumstances and your offending behaviour.

In the case of severe, disabling long-term circumstances, the report should also include information on the link between your circumstances and your inability to deal with the fine.

We may ask you for more information to help determine your application.

Your evidence should be signed and dated within 12 months of the date of your application. You can provide evidence that is older than 12 months if it relates to a permanent condition, such as an intellectual disability.

You can find more information on what is required under special circumstances on the Fines Victoria website here

The Family Violence Scheme

PLEASE CALL 000 IF YOU ARE EXPERIENCING FAMILY VIOLENCE AND IT IS AN EMERGENCY

If you have been impacted by family violence, the Family Violence Scheme is an option to help victim survivors deal with fines if there is a link between the family violence and their fines.

You can find more information, assistance, and the link to lodge a Family Violence Scheme application, on the Fines Vic website here

You should only select this ground if you can show that the offence occurred due to circumstances that were out of the ordinary, unavoidable, or exceptional such as a medical emergency, unavoidable or unforeseeable delay, or vehicle breakdown. Financial hardship can be considered under this ground for review.

Supporting Evidence

Applications for internal review made on the grounds of exceptional circumstances should (where appropriate) be accompanied by supporting evidence.

You can provide any matter you consider as relevant information.

Examples of supporting evidence could include:

• Medical evidence from medical practitioners
• Invoices or receipts
• Statutory declarations or affidavits
• Witness statements
• Photographs
• Travel documentation
• Police statements or records

You can apply for an internal review on this ground if you were unaware of the infringement notice and the following applies:

• You found out about the fine within the last 14 days
• The fine was not personally given to you by an officer,

Please note, an infringement will not be withdrawn under this ground for review, refer to possible outcomes section.

If you moved house but you did not change your authorised address within 14 days of moving, your application may not be successful.

You must submit your application within 14 days of the date you became aware of the fine.

Supporting Evidence

Your application may not be successful unless you provide evidence showing you did not know about the fine. This could be a copy of your passport or boarding pass showing you were overseas, an invoice from a removalist showing that you moved house, an address change confirmation, a report about mail theft, or a statutory declaration.

Possible Outcomes

If your application is granted any fees added to your fine will be removed but the infringement notice still stands. You will be granted a further 21 days to deal with your fine including applying to Strathbogie Shire Council for an internal review on the following grounds:

• Contrary to law
• Mistake of identity
• Special circumstances, and/or
• Exceptional circumstances

If your application is refused you must pay the infringement amount and prescribed costs within 14 days of receiving the refusal notice.